How can we help you?
- Evaluation of businesses for E2 investor visa eligibility;
- Advice on how to establish businesses that qualify for the investor visa;
- Preparation for legal documents relating to business and immigration;
- Preparation for documents for consular processing for those who apply for visa outside the United States;
- Monitoring case progresses and keeping clients informed of their case developments;
Basic Requirements For Obtaining E Status
Three elements must be present for the E visa category to be available:
(1) A treaty must exist between the United States and Country where the visa applicants come from;
(2) Majority ownership or control of the investing or trading company must be held by nationals of the foreign count
(3) The foreign country must be held by each employee or principal of the company who seeks E status under the treaty
In order to qualify for E2 visa category, the company or individual engaging in trade or investment in the U.S. must have the same nationality as the treaty country. The “nationality” of the company engaging in trade or investment is the nationality of those persons who own at least 50% of the stock of the corporation.
The investor must invested or in the process of investing “a substantial amount of investment” in order to be qualified for E2 visa category. There is no minimum dollar amount necessary in order for the investment to be considered substantial. That is, the amount of investment required for E2 category can vary with cases. For example, an investor who is planning to invest for a gas station business needs a greater amount of investment than one which needs to open a sandwich store.
The required amount for a start-up company in service businesses is very little for start-up expenses because the principal “investment” in the enterprise is the knowledge and skills of the employees.
A qualifying investment must be “active”; that is, the business enterprise underlying the investment must represent a real operating enterprise productive of some service or commodity. Thus, passive or speculative investment held for potential appreciation in value, such as underdeveloped land or the securities of a business in which the investor is not actively engaged is not considered “active investment”.
Source of Funds
Where the investment fund came from is equally important issue in obtaining E2 visa category. Applicants for E2 visa category must be able to prove that all the fund be traceable back to its legitimate source.
Real Operating Business
The visa holder must participate directly in the management of the investment business. He must serve in a capacity of executive officer or supervisor. Common sense should be used in considering what qualifies as a supervisor or executive officers for purpose of E1 status.
Unlike general belief, there is no restriction on the type of business for investment nor amount of investment money. By holding E-2 status, you can take benefits as following;
- Spouse’s Employment
- Children – Public School
- Spouse and Children – SSN
- Indefinite stay in the U.S as far as the investment business is in existence.
Family Members of E2 Visa Holder
E-2 holder is also eligible for applying for Green Card through either Family or Employment-based immigration. Swedarsky & Jun provides high quality of legal service arranging from Company Incorporation and Business Purchase to Application for Change of Status to E-2.
Although application for E nonimmigrant status can be made through the USCIS if the foreign national is in the United States, the usual way to obtain E nonimmigrant status is to apply for a visa at a U.S consulate outside the United States and then to be admitted to the United States in the E category with that visa. This procedure does not require prior USCIS approval of a petition.
The Application Papers
- Nonimmigrant visa application
- Form DS 157
- Special E questionnaire
- Supporting Letter
- Passport and passport-size photograph for the applicant and for each family members
- Application fee
- Machine-readable visa fee for $100.00
- The procedure for change of status to E visa category is different from consular processing. For those who want change their status to E category, evidence regarding their authorized stay is required.
E1 visa is called “Treaty Trader visa.” This is for those who do substantial trade principally between the United States and the treaty country. E1 is different in that it does not require substantial amount of investment. Instead, it requires “substantial trade” between the United States and the treaty country which the applicant comes from.
The trade can be either tangible or intangible products. It can involve the exchange, purchase, or sale of goods or services. Services include economic activities with an output that does not encompass a tangible good. Among the business that could be accounting, design and engineering, management consulting and law firms.
In practice, however, application of this broader concept to business enterprises “trading services” could be difficult. The applicant must be able to show that there is a real and operative exchange of products or services between the treaty country and the United States with evidence.